1. Field of the Invention
The present invention relates to a method of providing medical malpractice insurance.
2. Description of the Prior Art
The United States of America is currently facing a crisis relating to liability for medical malpractice and insurance for it. It is difficult or impossible for many physicians to pay the premiums required for adequate professional liability coverage. However, the “caps” on liability for punitive damages, that have already been enacted in some states, and are proposed in other states and at the federal level in Congress, are likely to deprive victims of adequate compensation. E.g., a young person, who is severely injured as a result of medical malpractice, may not be able to hold a normal job, and thus may be impoverished under the proposed caps, because the maximum compensation allowed under the proposed reforms may be grossly inadequate to compensate for a young person's pain and suffering over a lifetime. There have been a number of prior patents relating to professional malpractice and methods for reducing the cost of insurance.
U.S. Pat. No. 5,272,318, issued on Dec. 21, 1993, to John G. Gorman discloses an electronically readable medical locking system, but does not disclose giving a risk rating to each procedure to be performed on a patient, and outputting a menu of malpractice coverage for each procedure, from which a selection is made by the patient.
U.S. Pat. No. 5,752,237, issued on May 12, 1998, to Julius Cherny, discloses a method and apparatus for providing professional liability coverage to professionals such as lawyers and accountants having large numbers of publicly traded corporate clients. It would allow the professionals or their insurance companies to sell short the stock of corporations when the price of their stock goes down due to professional malpractice. This would reduce the premiums paid by the insured professionals and/or increase the profits of the insurance companies.
U.S. Pat. No. 5,845,254, issued on Dec. 1, 1998, to Edward J. Lockwood, Jeffrey Tarrant and Michael Volpe, discloses a method and apparatus for objectively monitoring and assessing the performance of health-care providers based on the severity of sickness episodes treated by the providers. The rating method of the present invention is distinguishable, in that it uses other factors besides the severity of sickness episodes to rate health-care providers.
U.S. Pat. No. 5,852,808, issued on Dec. 22, 1998, to Julius Cherny, discloses the same method and apparatus for providing professional liability coverage as the previous patent, but has different claims.
U.S. Pat. No. 5,999,909, issued on Dec. 7, 1999, to Amitabha Rakshit and Wilson A. Judd, discloses a method for establishing certifiable patient informed consent for a medical procedure. Like the present invention, it uses software to reduce medical malpractice costs.
U.S. Pat. No. 6,128,620, issued on Oct. 3, 2000, to Patricia L. Pissanos and Stephen M. Beasley, discloses a database for compiling information for medical malpractice litigation.
U.S. Pat. No. 6,223,164, issued on Apr. 24, 2001, to Jerry G. Seare et al., discloses a method and system for generating statistically-based medical provider utilization profiles. The profiles can then be used for comparison of a medical provider to a normative profile. The rating method of the present invention is distinguishable, in that it uses other factors to determine the risk of an unfavorable outcome.
U.S. Pat. No. 6,272,471, issued on Aug. 7, 2001, to Jeffrey J. Segal, discloses a method and apparatus for deterring frivolous professional liability claims, by paying the legal costs of countersuits for improper prosecution when a frivolous claim has been made.
U.S. Pat. No. 6,317,719, issued on Nov. 13, 2001, to Robert W. Schrier et al., discloses systems and methods for providing patient-specific drug information, designed for use by doctors. The information system of the present invention is distinguishable, in that it provides information directly to patients.
U.S. Pat. No. 6,394,811, issued on May 28, 2002, to Terese Finitzo and Kenneth D. Pool, Jr., discloses computer-automated implementation of user-definable decision rules for medical diagnostic or screening interpretations. The information system of the present invention is distinguishable, in that it provides information directly to patients, and is not designed as a substitute for the doctor's judgment.
U.S. Pat. No. 6,826,536, issued on Nov. 30, 2004, to Bert Forman, discloses a health care billing monitor system for detecting health care provider fraud, but does not disclose giving a risk rating to each procedure to be performed on a patient, and outputting a menu of malpractice coverage for each procedure, from which a selection is made by the patient.
U.S. Pat. No. 7,756,730, issued on Jul. 13, 2010, to Bradford D. Ress, discloses a method for providing single occasion medical liability insurance, but does not teach nor suggest a menu of malpractice coverage for each procedure.
U.S. Patent Application Publication No. 2002/0029157, published on Mar. 7, 2002, to J. Alexander Marchosky, discloses a patient-controlled automated medical record, diagnosis, and treatment system and method. The information system of the present invention is distinguishable, in that it provides information to doctors and other providers, as well as patients, and it is related to insurance against malpractice and other unfavorable outcomes.
U.S. Patent Application Publication No. 2002/0082876, published on Jun. 27, 2002, by David A. Martin and David R. Montgomery, discloses a process for linking credentialing information with a medical malpractice insurance application. U.S. Patent Application Publication No. 2002/0087354, published on Jul. 4, 2002, by David A. Martin and David R. Montgomery, discloses the same process, with additional claims. Neither disclose the method of rating service providers of the present invention.
U.S. Patent Application Publication No. 2002/0194033, published on Dec. 19, 2002, by David S. Huff, discloses a method and system for automatically extracting data and generating insurance quotes, including the preparation and use of risk information profiles on clients. The present invention is distinguishable, in that it also includes the preparation and use of risk factors for service providers.
U.S. Patent Application Publication No. 2003/0009395, published on Jan. 9, 2003, by James Weidner, David Preimesberger and A. Peter Kezirian, Jr., discloses property/casualty insurance entities and techniques, which remove unlimited liability and cap annual assessments, while retaining the lower cost achievable by a claims-paid policy.
U.S. Patent Application Publication No. 2003/0028406, published on Feb. 6, 2003, by Frederick S. M. Herz and Walter Paul Labys, discloses a database for screening potentially litigious patients.
U.S. Patent Application Publication No. 2004/0186751, published on Sep. 23, 2004, by William Thomas Colavito, Martin S. Ettin and Rob Saltzman, discloses a method for providing insurance and an insurance policy protecting persons against malpractice or willful misconduct by a professional, but does not teach nor suggest outputting a menu of malpractice coverage for each procedure.
U.S. Patent Application Publication No. 2004/0267579, published on Dec. 30, 2004, by Barry S. Markman, discloses a method, apparatus and system for providing insurance coverage and claims payment for single event surgical and diagnostic procedures, but does not disclose the method of rating hospitals and other service providers of the present invention.
U.S. Patent Application Publication No. 2007/0198302, published on Aug. 23, 2007, to Jeffry J. Segal, discloses a method and system for reducing the incidence of defensive medicine, but does not disclose giving a risk rating to each procedure to be performed on a patient, and outputting a menu of malpractice coverage for each procedure, from which a selection is made by the patient.
U.S. Patent Application Publication No. 2008/0126128, published on May 29, 2008, by Barry S. Markman, discloses a method, apparatus and system for providing insurance coverage and claims payment for single event surgical and diagnostic procedures, but does not teach nor suggest outputting a menu of malpractice coverage for each procedure.
U.S. Patent Application Publication No. 2009/0177497, published on Jul. 9, 2009, by Ferenc Raski, Ronald M. Kurtz and Eric Weinberg, teaches a treatment planning menu to select surgical procedures, but does not teach nor suggest outputting a menu of malpractice coverage for each procedure.
Japanese Patent No. 57-34265, published on Feb. 24, 1982, inventor Yoshikuni Tazawa et al., discloses a medical business system related to insurance.
Japanese Patent No. 2002-132955, published on May 10, 2002, inventor Takayuki Saito, discloses a system for reducing and preventing medical malpractice.
Victor G. Hallman and Jerry S. Rosenbloom, Insurance coverage and its costs: automobiles, March 1983, Working Women, volume 8, page 160 et seq., discloses methods of administering an insurance agreement, but does not disclose giving a risk rating to each procedure to be performed on a patient, and outputting a menu of malpractice coverage for each procedure, from which a selection is made by the patient.
Norm Andrzejewski and Rosalinda T. Lagua, Use of a Customer Satisfaction Survey by Health Care Regulators: A Tool for Total Quality Management, 1997 U.S. Department of Health and Human Services; Public Health Reports, Public Health Report 1997; vol. 112, pp. 206-210, May-June 1997, discloses the use of a survey to determine quality of service, but does not disclose the method of rating hospitals and other service providers of the present invention.
www.camedicalmalpractice.net/faq.htm, published on Feb. 6, 2002, discloses malpractice insurance which can be purchased by a healthcare professional, but does not teach or suggest giving a risk rating to each procedure to be performed on a patient, and outputting a menu of malpractice coverage for each procedure, from which a selection is made by the patient.
www.aon.com.us/indiv/supplemental_acc_life_health.jsp, published on Oct. 15, 2002, discloses various types of supplemental accident insurance that can be purchased by a consumer, but does not teach the step of giving the consumer the option to purchase insurance for each type of procedure that they are going to undergo.
Patrick et al., Are Hospital Characteristics Associated with Parental Views of Pediatric Inpatient Care Quality?, American Academy of Pediatrics, Pediatrics, vol. 111, pp. 308-14, February 2003, discloses the use of hospital characteristics to access quality, but does not disclose the method of rating hospitals and other service providers of the present invention.
None of the above inventions and patents, taken either singly or in combination, is seen to describe the present invention as claimed.